(a)
The
city council finds and determines that a municipal program for the
collection and recycling of recyclable materials within the city,
and the licensing of persons engaged therein, is in the public interest
and serves to promote the general welfare of the city.
(b)
This
chapter is enacted to increase participation rates, improve recyclable
material recovery rates, reduce landfill dependency, and ultimately
maintain a cost effective overall solid waste and recycling program
for the citizens, businesses and institutions of the city.
(c)
This
chapter envisions the city’s appointment of an authorized recycling
agent, as well as the licensing of additional junk collectors (although
not required by applicable law), to enhance diversion of recyclable
materials from landfills.
(d)
It
is also recognized that the recycling program established in this
chapter may be victimized by unauthorized scavengers; and that the
theft of recyclable materials before they can be picked up by the
authorized recycling agent would be destructive to the economic viability
of the program, as well as detrimental to the economic interests of
the city at large, and the citizens, businesses and institutions in
particular. It is the additional purpose of this chapter to define
clear ownership of recyclable materials and to provide for the protection
of those ownership rights.
(e)
The
provisions of this chapter shall be the minimum requirements for the
protection of the public health, safety and welfare.
(Ord. 1209 § 2, 1997)
For the purposes of this chapter the following words and phrases shall have the meanings set forth in this section unless the context appears otherwise. Terms used in this chapter but not defined in this section shall have the meanings assigned them in Chapters 6.56 and/or 8.16.
means that person authorized by contract with the city to
collect recyclable materials pursuant to this chapter.
means any not-for-profit organization or entity maintained
for community service, education or the public good, including service
clubs, scouting organizations, religious and educational organizations
and recognized charities.
means to take physical possession of materials at any residential,
commercial and industrial or institutional property within the city.
means property upon which business activity is conducted,
including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding businesses
conducted upon residential property which are permitted under applicable
zoning regulations and are not the primary use of the property.
means construction materials generated during the construction
or renovation of a residential, commercial and industrial or institutional
property.
means used construction materials generated during the razing
or renovation of a residential, commercial and industrial or institutional
property.
means the place where the authorized recycling agent is to
pick up source separated recyclable materials. Such location is identified
by contract between the authorized recycling agent and the city and
will customarily be the curbside of a residential neighborhood or
the service alley of a commercial and industrial or institutional
property.
means the premises or site of a governmental entity, including
city, county, state and/or federal buildings, public schools, colleges
and public recreational sites.
means a person that is licensed with the city to collect source separated recyclable materials and source separated salvageable materials from the person generating such materials in accordance with this chapter and Chapter 6.56.
includes, without limitation, a natural person, group of
persons, partnership, firm, corporation, public or municipal corporation
or association.
means solid waste which may be reused or processed into a
form suitable for reuse through reprocessing or remanufacture consistent
with the requirements of the California Integrated Waste Management
Act of 1989, including, without limitation, paper, newsprint, printed
matter, pasteboard, paper containers, cardboard, glass, aluminum,
PET, HDPE, and other plastics, beverage containers, compostable materials
(including yard waste), and wood, brick and stone in reusable size
and condition. Recyclable materials shall include those items of construction
debris and demolition debris which are described in this definition.
means property used for residential purposes, irrespective
of whether such dwelling units are rental units or are owner-occupied.
Complexes of four or more units, whether in a single structure, or
connected structure, or series of structures may be subject to procedures
and rates which differ from other lower density residential properties.
means used articles capable of being restored or resold for
reuse, in either case without reprocessing or remanufacture, including
antiques, used building supplies and automobiles and automobile parts.
Salvageable materials shall include those items of construction debris
and demolition debris which are described in this definition.
means, as defined in Public Resources Code Section 40191,
all putrescible and nonputrescible solid, semi-solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicles and
parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi-solid wastes, and
other discarded solid and semi-solid wastes, with the exception that
solid waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means, as to recyclable materials, materials that have been
separated from solid waste that is not recyclable material and from
all other types of recyclable materials by the person generating such
solid waste or recyclable materials at the residential, commercial
and industrial or institutional property where such solid waste or
recyclable materials are generated to form one readily identifiable
category of recyclable material as set forth in the definition for
“recyclable materials” above that are saleable without
further sorting; and, as to salvageable materials, materials that
have been separated from solid waste that is not salvageable material
by the person generating such solid waste or salvageable materials
at the residential, commercial and industrial or institutional property
where such solid waste or salvageable materials are generated. For
example, cardboard that has been separated by a business from glass,
PET plastic and wet garbage is source separated so long as the separation
is accomplished by the generator at the commercial and industrial
property where all of such items are generated and all of such items
are generated by such business.
means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more that six inches in diameter) and
similar materials generated at a residential, commercial and industrial
or institutional property.
(Ord. 1209 § 2, 1997; Ord. 1628 § 2, 2021)
It is unlawful for any person to deposit, bury or dispose of
any recyclable materials, except as provided for in this chapter,
in or upon any private or public property, street, alley, sidewalk
gutter, park or upon the banks of any stream or creek in the city,
or in or upon any of the waters thereof. Every person in the city
who disposes of recyclable materials shall dispose of same only in
the manner provided in this chapter.
(Ord. 1209 § 2, 1997)
(a)
A
recyclable materials collection service program is established and
shall be available to all residential, commercial and industrial,
and institutional properties in the city for the purpose of providing
for the orderly and regular collection of recyclable materials. Creation
and operation of this collection program shall not preclude the operation
of junk collectors licensed with the city or certified recycling centers
created pursuant to Division 12.1 of the Public Resources Code (Section
14500 et seq.).
(b)
Recyclable
materials generated in the city and held for lawful donation, sale
or collection by or to any person or entity other than the authorized
recycling agent may not be stored or transferred by use of the recycling
receptacles described in this chapter, or any other containers used
for recycling provided by the authorized recycling agent. Storage
of recyclable materials at the designated collection location other
than for pickup by the authorized recycling agent is prohibited.
(Ord. 1209 § 2, 1997)
(a)
The
city council may, with or without having invited bids therefor, enter
into an exclusive contract with any responsible person, whether or
not such person is operated for profit, for the collection of all
recyclable materials generated within the city. Where such a contract
has heretofore or hereafter been entered into between the city and
a contractor for the collection of all recyclable materials as provided
in this chapter, the contractor shall be the authorized recycling
agent for the city.
(b)
Such
contract may be subject to renewal if, in the discretion of the city
council, time, circumstances and conditions warrant such renewal.
The contract between the city and the authorized recycling agent may
also be subject to renewal in accordance with its terms.
(Ord. 1209 § 2, 1997)
The authorized recycling agent must offer recyclable materials
collection service to all residential, commercial and industrial,
and institutional properties within the city limits pursuant to the
terms and conditions of any exclusive contract for such service. The
city council may establish standard regulations for the methods of
collection of recyclable materials, collection service charges, frequency
of pickup, and the civil and/or criminal remedies available for enforcing
this chapter.
(Ord. 1209 § 2, 1997)
(a)
Persons
desiring to participate in the recycling materials collection service
program shall prepare and separate recyclable materials from other
solid waste as required by the collection contract so as to constitute
source separated recyclable materials, and thereafter place the source
separated recyclable materials within receptacles as required by this
chapter.
(b)
Each
type of source separated recyclable material shall be placed in the
receptacle designated for such purpose, and shall not be mixed with
any other solid waste, including any other type of recyclable material.
(c)
Receptacles
containing recyclable materials for single unit residential properties
shall be placed at the designated collection location for collection
by the authorized recycling agent, but shall not be placed at such
location earlier than twelve hours prior to the date and time for
scheduled collection, nor left remaining at such location longer than
twelve hours following the date and time for scheduled collection.
(d)
Receptacles
containing recyclable materials for multiple unit residential properties,
commercial and industrial and/or institutional properties shall be
of a size and serviceability agreed to by the authorized recycling
agent and thereafter placed at the designated collection location.
(Ord. 1209 § 2, 1997)
(a)
Pursuant
to the terms and conditions of any exclusive contract between the
city and the authorized recycling agent, each single unit residential
property shall be provided with suitable and sufficient receptacles
to store source separated recyclable materials to be made available
for curbside pickup by the authorized recycling agent. The color,
style and markings of such receptacles shall be mutually agreed upon
between the city and the authorized recycling agent.
(b)
Initial
provision of residential receptacles shall be made at no charge to
persons participating in the recycling program. All such residential
receptacles shall be and remain the property of the authorized recycling
agent, and shall not be used for any purpose other than the segregation
and curbside placement of recyclable materials. Participating persons
relocating out of the city shall leave all residential receptacles
at the premises.
(c)
It
is the duty of every person participating in the recycling program
to maintain receptacles in a reasonably safe and secure manner; and
all such receptacles shall be so placed and kept at the designated
collection location so as to be readily accessible for removal and
collection therefrom and placed such that they will not be a public
nuisance or in any degree offensive.
(Ord. 1209 § 2, 1997)
An award of contract for recycling pursuant to this chapter shall confer upon the person to whom the contract is awarded the exclusive right as the city’s authorized recycling agent, during the term of the contract and subject to applicable law (including this chapter and Chapter 6.56), to collect, transport, sell and dispose of all recyclable materials generated within the city as provided in this chapter, and all provisions of this chapter applicable to the authorized recycling agent shall constitute and be part of any contract awarded hereunder.
(Ord. 1209 § 2, 1997)
The authorized recycling agent shall be considered as and shall
be an independent contractor and shall act under its own directions
as to the manner of performing its work, and it shall keep itself
and all of its employees insured against all liability under California
workers’ and employees insurance, compensation and safety laws.
The authorized recycling agent shall maintain comprehensive general
liability insurance coverage, including coverage for use or operation
of motor vehicles used in the performance of work hereunder in the
amount of one million dollars for each incident of death or injury
to persons and/or property. Evidence of such insurance shall be filed
with the city upon request.
(Ord. 1209 § 2, 1997)
Until the city and the authorized recycling agent shall otherwise
agree and determine, no direct charge for collection of source separated
recyclable materials shall be collected by the authorized recycling
agent from the tenant, lessee, owner or occupant of any residential
property, commercial and industrial property or institutional property
situated within the city limits.
(Ord. 1209 § 2, 1997)
(a)
Nothing
contained in this chapter shall preclude any person, business or other
entity from disposing of source separated recyclable materials without
utilizing the authorized recycling agent, provided that the source
separated recyclable materials are: (1) transported personally by
the generating person for donation to or collection by a collection
or processing facility that has been duly approved and authorized
as such by a governmental or other appropriate authority, including
beverage containers recycled at authorized facilities under the California
Beverage Container Recycling Litter Reduction Act; (2) sold or donated
by the generating person to a charitable entity; or (3) accumulated
by the generating person for collection and collected by a junk collector
in accordance with applicable law.
(b)
The
use of receptacles or other containers provided by the authorized
recycling agent for the pickup of such recyclable materials from any
designated collection location is prohibited by anyone other than
the authorized recycling agent.
(c)
Nothing
contained in this chapter shall inhibit, regulate or restrict any
recycling center, nonprofit dropoff program or recycling processor
as permitted by the California Beverage Container Recycling and Litter
Reduction Act of 1986 (Public Resources Code Section 14500 et seq.).
(Ord. 1209 § 2, 1997)
(a)
It
is unlawful for any person not otherwise excepted by the provisions
of this chapter, or by state or federal law, to collect recyclable
materials in the city.
(b)
From
the time of placement of recyclable materials at curbside or other
appropriate designated collection locations or in any container used
for recycling provided by the authorized recycling agent, the recyclable
materials shall be and become the property of the authorized recycling
agent.
(Ord. 1209 § 2, 1997)
(a)
Any
person violating any of the provisions of this chapter is guilty of
an infraction except as otherwise provided in this chapter, and upon
conviction shall be punished as provided in Section 36900 of the Government
Code. Each unauthorized collection, transportation or disposal from
one or more locations within the city shall constitute a separate
and distinct offense.
(c)
The city’s authority to civilly and/or criminally enforce any provisions of this chapter shall not limit or preclude any right which any other entity, including, without limitation, the scavenger awarded a contract pursuant to Chapter 8.16 of this code or the city’s authorized recycling agent under Chapter 8.28 of this code, may have to civilly enforce any provisions of this chapter.
(Ord. 1209 § 2, 1997)
